A licence raj for digital content creators
Context
In the recent 2024 general election, the Union government, which had confidently predicted a return to power with an increased majority, was instead re-elected as a coalition with a diminished mandate.
- This unexpected outcome has led to concerns within the government about the influence of digital creators like Dhruv Rathee and Ravish Kumar on voter preferences.
- In response, the government is considering the Broadcasting Regulation Bill, 2024, aimed at controlling digital content and creators.
- This move raises significant questions about the balance between regulation and freedom of expression in the digital age.
Relevance:
GS-02 (Government policies and interventions)
Dimensions of the Article:
- What is the Issue?
- What is the New Bill About?
- Features of the Bill
- Need for the Broadcasting Bill, 2024?
- Implications of the Bill
- Arguments Against the Move
What is the Issue?
- The core issue revolves around the perceived influence of digital creators on voter behavior.
- The Union government believes that YouTube videos and other digital content critical of the Prime Minister played a significant role in shaping voter preferences during the 2024 general election.
- This has led to a proposed Broadcasting Regulation Bill, 2024, which seeks to bring digital creators under stricter regulatory control.
What is the New Bill About?
- The Broadcasting Regulation Bill, 2024, aims to regulate digital content and creators by expanding the scope of existing laws and introducing new compliance requirements.
- The bill classifies individual commentators as “Digital News Broadcasters” and content creators as “OTT Broadcasters,” requiring them to register and adhere to new regulations.
- This bill builds on previous attempts to control digital content, such as the IT Rules, 2021, and aims to create a more comprehensive regulatory framework.
Features of the Bill
- Registration Requirements: Digital content creators and broadcasters must register with the Ministry of Information and Broadcasting (MIB).
- Content Compliance: Digital news and current affairs programs must comply with prescribed program and advertisement codes.
- Content Evaluation Committees (CEC): Broadcasters must establish CECs to certify content before broadcasting.
- Self-Regulation: A multi-tier self-regulatory structure, including grievance redressal mechanisms, is established.
- Broadcast Advisory Council (BAC): A council to hear complaints and guide government actions.
- Penalties: Severe penalties for operating without registration or non-compliance with the regulations.
Need for the Broadcasting Bill, 2024?
- The government argues that the bill is necessary to address the growing influence of digital media and ensure responsible content dissemination.
- With a significant portion of the population consuming political material online, the government believes there is a need to regulate this space to prevent misinformation and maintain public order.
Implications of the Bill
- The bill has far-reaching implications for digital content creators and consumers.
- It significantly increases government control over digital media, potentially stifling freedom of expression and creativity.
- The requirement for registration and content evaluation could lead to self-censorship among creators, reducing the diversity of viewpoints available online.
Arguments Against the Move
- Critics argue that the bill’s broad and vague provisions are ripe for misuse, allowing the government to arbitrarily target dissenting voices.
- They fear that the bill will lead to a “digital licence raj,” where bureaucratic control and political interests overshadow democratic expression and media freedom.
- The overlap between the powers of MeitY and MIB further complicates the regulatory landscape, creating a cumbersome and opaque system.
Centre’s Acknowledgement for the Bill
- The government acknowledges the need for regulation but insists that the bill aims to balance control with freedom of expression.
- They highlight the importance of responsible content dissemination and the need to protect national security and public order.
- The bill is presented as a step towards modernizing digital media regulation in line with global standards.
Way Forward
- Balancing Regulation and Freedom: The government must ensure that the bill balances the need for regulation with the protection of freedom of expression. Clear guidelines and safeguards against misuse are essential to maintain democratic values.
- Transparent Consultation Process: A transparent and inclusive consultation process involving all stakeholders, including digital creators, civil society, and industry experts, is crucial to refine the bill and address concerns.
- Enhancing Digital Literacy: Alongside regulation, efforts to enhance digital literacy among the population can help mitigate the impact of misinformation and promote responsible content consumption.
- Periodic Review and Amendments: Regular reviews and amendments to the bill, based on feedback and evolving digital landscapes, can ensure that the regulations remain relevant and effective.
- Judicial Oversight: Establishing mechanisms for judicial oversight and redressal can provide a check against potential misuse of regulatory powers and uphold constitutional rights.
Conclusion
The Broadcasting Regulation Bill, 2024, represents a significant shift in the regulation of digital media in India. While the government’s concerns about the influence of digital content are valid, it is crucial to ensure that the bill does not undermine democratic freedoms and creativity. A balanced, transparent, and inclusive approach to regulation can help achieve this goal, fostering a digital media landscape that is both responsible and vibrant.
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